Frontlines: The Latest from OutServe-SLDN
About the ACLU Settlement on DADT Separation Pay
You may have seen the exciting news yesterday that the ACLU and the Department of Defense reached a settlement in the case of Collins v. United States, a class-action suit for military separation pay. The suit challenged the Defense Department’s policy of only paying half the separation pay that service members’ separated for homosexual conduct would have otherwise received. The settlement announced yesterday covers:
“All United States service members who at any time from November 10, 2004 through the present were involuntarily separated from the military and were, pursuant to 10 U.S.C. § 1174, entitled to full separation pay, but were deemed to be not fully qualified for retention and denied reenlistment or continuation because of homosexuality and therefore had their separation pay reduced by one-half.”
A number of people have asked if they fall into this group. Based on the settlement agreement, it appears that in order to qualify service members:
- Must have been discharged on or after November 10, 2004;
- Must have been discharged solely for homosexuality or homosexual conduct; and
- Must have been eligible for and received half separation pay when they were discharged.
If a service member falls into this class, the settlement agreement specifies that the Department of Defense must attempt to notify the service member at their last known address to inform them that they can opt-in to the class. A sample notification letter is included in the settlement agreement.
If you have any questions about whether you qualify for this class or should qualify for this class, please contact the ACLU.
Read the ACLU’s statement on the settlement here: http://www.aclu.org/lgbt-rights/former-gay-and-lesbian-service-members-subject-discriminatory-policy-receive-full
Read the settlement agreement here: http://www.aclu.org/lgbt-rights/collins-v-united-states-settlement-agreement
01-08-13 By David McKean, OutServe-SLDN Legal Director | Comment (0)
So much to do
It seems this time of year that there's never enough time to get everything done, and with four children at home, my wife Danyelle and I always look forward to those days just after Christmas when things settle down just a bit. The anticipation of gift-giving is over, and we all can simply enjoy one another's company for a few days before the demands of the new year kick in.
But it's hard to rest when there is so much left to do.
Indeed, the fight is far from over. Though "Don't Ask, Don't Tell" has been relegated to the dustbin of history, our fight continues for military families who are still treated as second class citizens because of the so-called Defense of Marriage Act (DOMA). It continues for veterans who served our country honorably yet have not received the recognition and dignity their service is due. It continues for the more than 60,000 LGBT service members currently wearing our nation's uniform, who are not serving with legal protection from harassment and discrimination. And it continues for the brave transgender patriots who have served, who serve today, and who wish to serve in the future, yet are barred from doing so by outdated, discriminatory regulations.
Help us fight for them in 2013 with a contribution today!
We have much to be grateful for as we reflect on this year - but so much to do as we look ahead. You can make a difference. In fact, we cannot do it without you.
12-27-12 Comment (0)
The Week in Review: December 3-7, 2012
Army veteran, OutServe-SLDN board member weds at West Point Cadet Chapel. Army Veteran and OutServe-SLDN Board member Brenda S. “Sue” Fulton last Saturday married her long-time partner, Penelope Dara Gnesin, at the Cadet Chapel at West Point. The two became the first to wed in the historic cathedral and only the second same-sex couple to marry on the hallowed grounds of West Point since the repeal of "Don't Ask, Don't Tell" (DADT) and the legalization of same-sex marriage in the State of New York. To read more, click here.
OutServe-SLDN praises Senate for passage of responsible defense authorization bill. Army veteran and OutServe-SLDN Executive Director Allyson Robinson praised U.S. Senate leaders this week for passage of the 2013 National Defense Authorization Act (NDAA) that does not include harmful language adopted by the House of Representatives last spring. The House-passed bill would limit the use of Department of Defense facilities, negatively impact military chaplains, and undermine successful "Don't Ask, Don't Tell" (DADT) repeal implementation. To read more, click here.
Department of Defense General Counsel, DADT repeal ally, resigns. Army veteran and OutServe-SLDN Executive Director Allyson Robinson released a statement this week following the announcement of the resignation of Jeh Johnson as General Counsel at the U.S. Department of Defense. Read her statement here.
Discharged service members among first to marry in Wasington State. A number of those who will be among the first to enter into same-sex marriages in Washington State are high-profile gay service members discharged for their sexual orientation - including Colonel Grethe Cammermeyer - who say the legalization of same-sex marriage represents the next step forward for LGBT rights. For more on this story, click here.
OS-SLDN champagne brunch this weekend in Washington, DC. This Sunday, OutServe-SLDN will host a fundraiser in the nation’s capital to raise resources and support for its ongoing mission to achieve full LGBT equality in America’s military. For more information or to purchase tickets, click here.
Have a story or event you want included in the Week in Review? Send it to Zeke Stokes at .(JavaScript must be enabled to view this email address) for consideration.
12-07-12 By Zeke Stokes, OutServe-SLDN Communications Director | Comment (0)
Discharged service members among first to marry in Washington
By Chris Johnson
A number of those who will be among the first to enter into same-sex marriages in Washington State are high-profile gay service members discharged for their sexual orientation who say the legalization of same-sex marriage represents the next step forward for LGBT rights.
In Washington, where voters legalized marriage equality on Election Day by a 54 percent majority via a measure known as Referendum 74, same-sex couples were set to be able to obtain marriage licenses on Thursday. The three-day waiting period in the state means gay couples that obtain licenses on that day will be able to legally marry beginning Sunday.
Washington is the first of three states — which includes Maine and Maryland — where voters legalized same-sex marriage at the ballot on Election Day to allow same-sex couples to obtain marriage licenses and legally wed.
To read the entire story click here.
12-06-12 Comment (0)
Jeh Johnson: A hero of DADT repeal resigns
by Jonathan Capehart
One of the many heroes in the repeal of “don’t ask don’t tell” (DADT) has resigned. Jeh Johnson, the general counsel at the department of defense, will return to the private sector at the end of the month.
Johnson is one of those impressive people for whom public service is a form of thrill-seeking. His current stint at the Pentagon is his third tour away from private law practice in New York City. He was an Assistant United States Attorney in New York (1988 to 1991) and he was the general counsel of the Air Force (1998 to 2000).
To read the entire story click here.
12-06-12 Comment (0)
New Photographic Project Shines Light on DOMA Harm
At OutServe-SLDN, we are proud to be in the fight to secure full LGBT equality in our military - and an important piece of the movement to bring full equality to every corner of American life. But as the song from the musical Chicago says, we simply cannot do it alone.
Whether it's Amanda Lucidon's Legal Stranger Project, Kathleen DeBold's work at Lambda Literary Foundation, or Mike Jacoby's film The Undesirable, the literary, arts, and entertainment communities are an important part of the work we must continue to do collectively to engage and educate the American public on our issues.
I am pleased to share with you a new Kickstarter project, Gay Warriors: Portraits of Same-Sex Military Couples, which includes two of OutServe-SLDN's clients challenging the so-called Defense of Marriage Act (DOMA) in federal court - Major Stephen Snyder-Hill and his husband Joshua. The artist and photographer, Tatjana Plitt, writes in her description of the project:
"It is the courage of soldiers like Stephen Snyder-Hill, who was booed on national television during a Republican debate when he asked whether the candidates would reinstate Don't Ask Don't Tell, that have inspired me to do this project. The repeal of Don't Ask, Don't Tell has given us the opportunity to finally honor the loyal men and women who have bravely served their country for so long, in spite of the discrimination they faced. By documenting same-sex military couples at this historic crossroads, we have the chance to fully acknowledge their humanity, dignity & love for each other and fight the next battle for full marriage equality with them: the repeal of the Defense of Marriage Act (DOMA). DOMA prevents the military from recognizing same-sex marriage. This means that even if a gay soldier is married, they are not entitled to many of the benefits, support and rights their heterosexual counterparts automatically receive. The irony is that these soldiers are fighting for the very freedoms they themselves cannot enjoy. My art project is part of the fight to repeal the Defense of Marriage Act."
At OutServe-SLDN, we couldn't agree more.
12-05-12 By Zeke Stokes, OutServe-SLDN Communications Director | Comment (0)
Veteran Activist: As the new head of OutServe-SLDN, Allyson Robinson
As the new head of OutServe-SLDN, Allyson Robinson is opening new fronts in the fight for full equality in the military
Interview by Justin Snow
Allyson Robinson has never been one to take the easy route. She applied three times before being accepted to West Point. And when she came out as transgender, it wasn't in the confines of a liberal bastion like New York or San Francisco, but in Waco, Texas. While she was in divinity school.
As the new executive director of the recently combined OutServe-Servicemembers Legal Defense Network, Robinson faces an uphill battle of refocusing the movement on the inequalities still faced by LGBT servicemembers.
To read the entire article click here.
11-30-12 Comment (0)
Transgender Day of Remembrance: More Than a List of Names
By Allyson Robinson
The first time I saw my father cry was over a list of names.
It was the Fourth of July 1993, the summer before my senior year at West Point, and we'd come to Washington, D.C., so that I could catch a plane. I'd volunteered to spend the summer leading a platoon of the 506th Parachute Infantry Regiment, patrolling the Korean DMZ; my dad, an Army command sergeant major, had volunteered to drive me to the airport and see me off.
My flight was scheduled to depart well before dawn (or at "o-dark-thirty," as Dad put it), so we drove down from our home in Pennsylvania the afternoon before to spend the night. We made good time, and as we crossed the Potomac we realized that there was just enough daylight left to visit one of the monuments on the National Mall before checking into our hotel. We both knew which one we wanted to see.
To read the entire article click here.
11-20-12 Comment (0)
The Current State of Transgender Military Service
On this Transgender Day of Remembrance, OutServe-SLDN is providing a review the state of transgender military service. Despite the repeal of “Don’t Ask, Don’t Tell” (DADT) more than a year ago, transgender Americans are still required to serve in silence, often at great personal risk. Issues for transgender individuals may arise at the time of enlistment, appointment or commissioning into the armed forces, or may arise for personnel already serving in the military.
The military has a binary view of gender; therefore, the rules and regulations, including the language the military uses, reflect this view. Our assessment focuses on the continued bar to service in the U.S. armed forces by those who identify (or who the military identifies) as transgender. It is important to note that while the U.S. maintain a ban, many of our allies allow transgender people to serve. OutServe-SLDN is committed to changing that and ensuring that we join the nations around the world that allow service by all qualified LGBT patriots.
To read the full document, click here.
11-20-12 By David McKean, OutServe-SLDN Legal Director | Comment (0)
Soldier Charlie Morgan carries on against Defense of Marriage Act, breast cancer
By MOLLY A.K. CONNORS Monitor staff
Sunday, November 18, 2012
The doctor at Dana Farber Cancer Institute gave Charlie Morgan two choices: one type of chemotherapy or another type of chemotherapy.
But Charlie, a 48-year-old chief warrant officer with the New Hampshire National Guard, had had enough chemotherapy. So far, it hadn’t worked, and it made her so sick that she had to be hospitalized.
So she created a third option: no chemotherapy.
The decision, she said, was empowering.
Charlie burst onto the national scene last September when she announced that she was a lesbian on MSNBC. She was celebrating the end of “Don’t Ask, Don’t Tell,” the policy prohibiting gays from serving openly in the military. Its repeal allowed her to share stories about her wife, Karen, and their daughter, Casey, without fear of a court-martial.
It was a triumphant day, but it marked the beginning of the fight of – and for – her life.
To read the entire article click here.
11-19-12 Comment (0)
